Suman Ghosh v. State Of West Bengal And ANR

17.02.2025.

13.

Ct.No.28.

as C.R.R. 3827 of 2024 In Re:- An application under Sections 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

In the matter of : Suman Ghosh.

.... Petitioner.

1.

Petitioner has prayed for quashing of proceeding in Dumdum Police Station Case No.605 of 2023 dated 24.12.2023 under Section 498A of the Indian Penal Code. In the impugned charge sheet it is alleged petitioner had married opposite party no.2 in 2003. Petitioner developed extra marital relation with one Paulami Majumder. When opposite party No.2 objected she was physically assaulted and on 05.07.2023 she was compelled to leave her matrimonial home.

2.

Uncontroverted allegations prima facie disclose torture and physical cruelty on the opposite party-wife. Credibility or otherwise of the said allegations may be assessed at the appropriate stage of the proceeding in accordance with law. 3.

However, no jurisdictional error in instituting the proceeding has been demonstrated to invoke interference at the preliminary stage.

4.

With this observation, the revision petition is disposed of. (Joymalya Bagchi, J.)